Why Police Can Do Nothing When Trains Block Louisiana Roads
After I read the article posted on the Greenwood Police Department's Facebook page, I could feel the department's frustration and it occurred to me that they were relaying information that a lot of people might not know, and need to see.
It's obvious that Greenwood drivers are frustrated with the amount of time trains are blocking certain crossings.
And while the Greenwood Police Department's post is specific to the West 70th crossing, the same information applies to the crossings in downtown Blanchard, in Haughton at the LA 157 crossing, and the multitude of crossings in Bossier City that have literally crippled traffic at times.
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Drivers' tempers flare anytime a train blocks the crossing, so even a short blockage seems like an eternity, but one might wonder if there are legal limits to how long the train can stop traffic in Louisiana, and what we found was interesting and frustrating.
How Long Can A Train Legally Block A Louisiana Road?
If you examine Louisiana State Law, TITLE 48 — Roads, bridges, and ferries, RS 48:391 — Obstruction of railroad grade crossings, the law states:
§391. Obstruction of railroad grade crossings
A.(1) It shall be unlawful for any train, railroad car or equipment, or engine to obstruct vehicular traffic at a public highway railroad grade crossing for a period in excess of twenty consecutive minutes, except when such train, railroad car or equipment, or engine is moving or when such movement is prevented by any of the following:
- (a) A power brake failure or other mechanical failure.
- (b) Enforcement of the Hours of Service Act.
- (c) Derailment or other accident.
- (d) A directive of the Federal Railway Administration.
- (e) Circumstances over which the railroad company or carrier has no reasonable control, such as a natural disaster or acts of third parties.
What Can State/Local Police Do If A Train Exceeds The 20-Minute Limit?
Twenty minutes is the longest a train can "legally" block the road in Louisiana, however there's really nothing state or local police can do if the train blocks a crossing for longer periods of time.
In a case cited by courtnewsohio.gov, while there might be state law regarding the legal limit of time a train can block a crossing, federal law prevents enforcement of the law. In this case, "A divided Supreme Court ruled that the Marysville Municipal Court properly dismissed five charges against CSX Transportation for violating a state law that prohibits a stopped train from blocking railroad crossings. The Court ruled that because the state law “regulates, manages, and governs rail traffic,” it is in conflict with federal law covering the same subject and cannot be enforced."
This might leave you wondering if there's anything you can do about these lengthy blockages. Yes! Just as the Greenwood Police Department mentions, when these occasions arise, record the exact times, dates, location, and durations of crossing blockages, along with any impact on emergency services.
Then, report those recurring crossing blockages directly to the Federal Railroad Administration Blocked Crossings Portal or contact the railroad's emergency response line (such as the Union Pacific Railroad Emergency Line at 1-888-877-7267)